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Consent Order Divorce Template for South Africa

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Key Requirements PROMPT example:

Consent Order Divorce

"I need a Consent Order Divorce agreement for a marriage in community of property with no children, where we've agreed to sell our joint property and split all assets 50/50, with the settlement to be finalized by March 2025."

Document background
A Consent Order Divorce is utilized in South African divorce proceedings when both parties have reached an amicable agreement on all aspects of their divorce settlement. This document type is particularly important as it represents a more cooperative approach to divorce, potentially reducing emotional and financial strain on all parties involved. The consent order must comply with South African legislation, including the Divorce Act 70 of 1979, and typically includes comprehensive arrangements for asset division, maintenance obligations, and child care arrangements if applicable. It is submitted to the High Court or Regional Court for approval, and once granted, serves as a binding court order. The document must address all relevant aspects of the dissolution of marriage, from financial settlements to practical arrangements, making it a crucial tool in ensuring a clear and enforceable agreement between divorcing parties.
Suggested Sections

1. Parties: Full details of both parties including full names, identity numbers, current addresses, and marriage details

2. Background: Brief history of the marriage including date and place of marriage, marriage regime, and confirmation that marriage has irretrievably broken down

3. Definitions: Definitions of key terms used throughout the agreement

4. Declaration of Divorce: Formal declaration that both parties agree to the dissolution of the marriage

5. Division of Joint Estate: Detailed arrangement of how the joint estate will be divided, including immovable property, vehicles, furniture, and financial accounts

6. Pension Interest: Declaration regarding any pension, provident fund, or retirement annuity interests

7. Children of the Marriage: Details of minor children, including full names, dates of birth, and ID numbers

8. Primary Residence and Contact: Arrangements for primary residence, care, and contact with children

9. Maintenance of Children: Details of child maintenance arrangements, including amount, payment date, and annual increases

10. Medical and Educational Expenses: Arrangements for children's medical aid, educational expenses, and extra-curricular activities

11. General Provisions: Standard legal provisions including breach, dispute resolution, and entire agreement clauses

Optional Sections

1. Spousal Maintenance: Used when there is an agreement for one party to pay maintenance to the other, including amount and duration

2. Foreign Assets: Required when the parties own assets in other countries that need to be addressed in the settlement

3. Business Interests: Included when either party owns business interests that need to be divided or addressed

4. Trust Interests: Required when either party has interests in trusts that need to be addressed

5. Immigration and Passport Provisions: Used when there are international travel considerations for minor children

6. Religious Divorce: Required for couples who also need to address religious aspects of their divorce

7. Restraining Orders: Included when protection orders or other restraining provisions are necessary

8. Tax Implications: Used when specific tax arrangements need to be addressed in the settlement

Suggested Schedules

1. Schedule A - Asset Division: Detailed inventory and division of all assets including values and allocation

2. Schedule B - Liability Division: List of all liabilities and their allocation between parties

3. Schedule C - Maintenance Calculation: Detailed breakdown of how maintenance amounts were calculated

4. Schedule D - Parenting Plan: Comprehensive parenting plan including contact schedules, holidays, and special occasions

5. Schedule E - Medical Expenses: Breakdown of medical expense obligations and procedures

6. Schedule F - Educational Requirements: Detailed arrangements for educational expenses and responsibilities

7. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

8. Appendix 2 - Children's Birth Certificates: Copies of children's birth certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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